LIS

Administrative Code

Virginia Administrative Code
11/23/2024

Part IV. Horizontal Setback Requirements

12VAC5-613-200. Horizontal setback requirements.

AOSSs designed pursuant to § 32.1-163.6 of the Code of Virginia are subject to the following horizontal setbacks that are necessary to protect public health and the environment:

1. The horizontal setback distances as found in 12VAC5-610 that apply to public and private drinking water sources of all types, including wells, springs, reservoirs, and other surface water sources, except that in cases where an existing sewage system is closer to a private drinking water source, the AOSS shall be no closer to the drinking water source than the existing sewage system;

2. The horizontal setback distances that apply to shellfish waters as found in 12VAC5-610;

3. The horizontal setback distances that apply to sink holes as found in 12VAC5-610;

4. A five foot horizontal separation to a wetland that is subject to permitting by the Virginia Department of Environmental Quality pursuant to the requirements of Title 62.1 of the Code of Virginia; and

5. Unless the AOSS complies with the ground water protection requirements of 12VAC5-613-90.C, a horizontal separation between the soil treatment area and any drainage trench or excavation that comes within six inches vertically of ground water shall be as follows:

a. AOSSs utilizing septic tank effluent shall be subject to a horizontal separation contained in 12VAC5-610;

b. AOSSs utilizing TL-2 or TL-3 (without disinfection) shall be subject to a horizontal separation of 20 feet; and

c. AOSSs utilizing TL-3 with disinfection shall be subject to a horizontal separation of 10 feet.

Statutory Authority

§§ 32.1-12 and 32.1-164 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 28, Issue 5, eff. December 7, 2011.

Website addresses provided in the Virginia Administrative Code to documents incorporated by reference are for the reader's convenience only, may not necessarily be active or current, and should not be relied upon. To ensure the information incorporated by reference is accurate, the reader is encouraged to use the source document described in the regulation.

As a service to the public, the Virginia Administrative Code is provided online by the Virginia General Assembly. We are unable to answer legal questions or respond to requests for legal advice, including application of law to specific fact. To understand and protect your legal rights, you should consult an attorney.